what happens if a foreigner gets a suspended sentence?

[razorramone]

I may be facing a suspended sentence, fingers crossed, it's a lot better than the alternatives.

I'm just curious what happens to foreigners that get this? There isnt much information available, apart from that it's offered to 1-3 year sentences for first time offenders for smaller crimes.

But what does it actually entail?

Some embassy websites say you are immediately deported. But my lawyer thought I may be forced to stay in Thailand for the duration of the sentence. And I have read legal guidelines that seem to suggest you must to report yourself to the police monthly, which also makes me think I would have to stay here. My visa is set to expire in April so would that affect it? Curious if anyone has friends who experienced it.

see:

http://library.siam-legal.com/thai-law/criminal-code-suspended-punishment-sections-56-58/

[mesquite]

Is this you or your friend?

http://www.thaivisa.com/forum/topic/872688-how-would-someone-leave-thailand-if/?view=findpost&p=10106911

[razorramone]

Cant talk about the case.

[onetime]

I'd become a wetback so fast it would make your head spin.

[norfolkandchance]

That's the end of this topic then. Just saying

[mogandave]

I would think if the force you to stay they would give you a visa.

[YeahSiam]

Your lawyer should be

able to answer these

questions to enough of

a degree of certainty to

calm your nerves.

Any 'second opinions',

as loosely as that term

can apply on this forum,

is only going to give

you more to worry

about

[Gringogazzer]

Bring my flip flops back you thieving Arab!!!!

Just incase it was you...

[Gulfsailor]

I would think if the force you to stay they would give you a visa.

You would think so. I know a guy who spend a few month in jail prior to being acquitted and found not guilty. Afterwards he had to pay the overstay fine. Immigration couldn't care less about being locked up while innocent. New overstay=banning rule could make an erroneous arrest with incarceration pending trial a very serious matter.

[Gringogazzer]

I would think if the force you to stay they would give you a visa.

You would think so. I know a guy who spend a few month in jail prior to being acquitted and found not guilty. Afterwards he had to pay the overstay fine. Immigration couldn't care less about being locked up while innocent. New overstay=banning rule could make an erroneous arrest with incarceration pending trial a very serious matter.

Big weapon in the arsenal of an unsound mind...

[cyberfarang]

What normally happens in such cases is that the police, the prosecutors and the lawyers start playing the money extorting games using fear tactics on the frightened Farlang. Pay this or pay that to make things run smoothly they will tell you the price usually increases by the day. Or if you don`t pay your life will become a living nightmare, 100 years in the clink if you`re lucky.

Don`t trust the advice of any lawyers here, they`re all in it together, it`s a totally corrupt system. Besides that and ways of getting out of this the most economically, I have no idea.

[razorramone]

Luckily my visa is not about to expire soon, I have until April. Yes I had heard of people getting fined by immigration on the day they were released from prison in fact.

And yes I have already seen how huge a difference money makes. Fortunately I could pay bail, I dont see how anyone could prepare a decent defence while jailed on remand.

That's the end of this topic then. Just saying

Any details and it will be easy to trace, and im trying to avoid media attention. I've heard it makes sentencing harsher.

[harrry]

Your lawyer should be

able to answer these

questions to enough of

a degree of certainty to

calm your nerves.

Any 'second opinions',

as loosely as that term

can apply on this forum,

is only going to give

you more to worry

about

Yes he should....but many laywers here are not well versed with the practices of immigration as regards foreigners

[razorramone]

Your lawyer should be

able to answer these

questions to enough of

a degree of certainty to

calm your nerves.

Any 'second opinions',

as loosely as that term

can apply on this forum,

is only going to give

you more to worry

about

Yes he should....but many laywers here are not well versed with the practices of immigration as regards foreigners

Yeah exactly this. My lawyer is competent and has a good amount of criminal experience with Thais. But procedures for foreigners are not so well documented, seems a lot is left up to the judge and clerks. Eg Last month we tried to apply for a travel permit, and only once at the court did we realise you have to pay the extra bail money before the judge even listens to your request - not the same as for Thais.

Right now it's not clear at all what a suspended sentence for a foreigner means. Whether I'll be forced to stay here, deported, or if its left up to me. Real pain in the ass trying to decide what to do with my condo.

[harrry]

I think the problem you may get is if it is a one year or greater sentance suspended or not.

Immigration virtually mandates that a one year penalty means immediate deportation so be prepared on sentancing to be rearrested and taken to the IDP....have funds available for a ticket out to your home country on an acceptible air carrier and money for bail if the immigration will give it which is doubtful. You will also need someone on the outside to buy the ticket and access your funds as you will not be able to.

I hope it does not come to that

[onetime]

I would think if the force you to stay they would give you a visa.

You would think so. I know a guy who spend a few month in jail prior to being acquitted and found not guilty. Afterwards he had to pay the overstay fine. Immigration couldn't care less about being locked up while innocent. New overstay=banning rule could make an erroneous arrest with incarceration pending trial a very serious matter.

Big weapon in the arsenal of an unsound mind...

Why does he have an unsound mind?

With a statement like that, and your avatar, questions arise about the healthy and stability of your mind.

Why don't you crawl back under your rock and look in the mirror.

[onetime]

Why don't you play it like the Thai's do? Leave the country, wait out the statute of limitations, and then come back. Unless the pending case suspends the statute of limitations, you should be fine. Immigration doesn't cross-check with the courts to my knowledge.

[Gringogazzer]

I would think if the force you to stay they would give you a visa.

You would think so. I know a guy who spend a few month in jail prior to being acquitted and found not guilty. Afterwards he had to pay the overstay fine. Immigration couldn't care less about being locked up while innocent. New overstay=banning rule could make an erroneous arrest with incarceration pending trial a very serious matter.

Big weapon in the arsenal of an unsound mind...

Why does he have an unsound mind?

With a statement like that, and your avatar, questions arise about the healthy and stability of your mind.

Why don't you crawl back under your rock and look in the mirror.

I'll simplify it for you as you need it.

I wasn't making a statement about the posters unsound mind but remarking on the fact that bringing erroneous charges against someone for fact of scamming them, knowing they would then be blacklisted from returning only sweetening the matter could be used by an unscrupulous person of an unsound mind.

It's early so I'll assume you've not had any coffee yet.

[mogandave]

I doubt there is a statute of limitation on failure to appear.

[Blackheart]

If your lawyer can't answer this legal question.

Good luck with your court case.

[razorramone]

Why don't you play it like the Thai's do? Leave the country, wait out the statute of limitations, and then come back. Unless the pending case suspends the statute of limitations, you should be fine. Immigration doesn't cross-check with the courts to my knowledge.

That would only work before an arrest warrant has been issued. I've already been arrested, charged, and bailed pending trial. Go anywhere near an immigration checkpoint and it's bye bye bail. Not worth the risk.

Anyway to answer my own question:

I asked a couple of other lawyers and found a suspended sentence basically means you are free to go about your business. Unless it is a high profile case, serious crime, or your visa has expired, in which case immigration police will be there to take you to the airport.

Potentially the judge can order you to report to the police, attend rehabilitation, but that's just for Thais normally. So fingers crossed.

Cheers for everyone's ideas anyway.